H.R.1867 - BE SAFE Act113th Congress (2013-2014)
Summary: H.R.1867 — 113th Congress (2013-2014)
Introduced in House (05/08/2013)
Better Enforcement for Sexual Assault Free Environments Act of 2013 or BE SAFE Act - Amends the Uniform Code of Military Justice (UCMJ) to repeal the authority of a convening authority (the person taking action on the findings of a court-martial) to use discretion to either set aside a finding of guilty or change such finding to a finding of guilty to a lesser included offense (except with respect to a minor offense). Requires a convening authority, when changing a charge with respect to a minor offense, to prepare a written explanation of such action, which shall be made part of the record.
Prohibits a convening authority from reducing a sentence to less than the mandatory minimum sentence, unless to reflect the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense. Requires a convening authority who disapproves, commutes, or suspends a sentence, in whole or in part, to prepare a detailed written explanation therefor, which shall be made part of the record.
Requires mandatory dismissal or dishonorable discharge of a person found guilty under the UCMJ of rape, sexual assault, forcible sodomy, or an attempt thereof.
Eliminates any statute of limitations with respect to UCMJ actions for sexual assault of a child.
Authorizes the Secretary of the military department concerned to provide guidance for commanders regarding their authority to make determinations, and to take action, regarding whether a member of the Armed Forces (member) serving on active duty who is alleged to have committed a sexual assault or other sex-related offense should be temporarily reassigned or removed from a position of authority or assignment in order to maintain order and discipline within the member's unit.
Directs the Secretary concerned to designate legal counsel (knows as a Victims' Counsel) to provide legal assistance to a member or dependent who is the victim of a sex-related offense, whether the allegation is restricted (confidential) or unrestricted. Requires enhanced training for all military and civilian attorneys providing such assistance.
Requires the Secretary of Defense (DOD) to report to the congressional defense committees on: (1) sentencing guidelines and mandatory minimum sentencing provisions under the UCMJ, and (2) the roles of commanders in the administration of military justice and the investigation, prosecution, and adjudication of UCMJ offenses.